Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today

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Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:

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As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Josh Johnson retires from baseball

PEORIA, AZ - FEBRUARY 21: Josh Johnson #55 of the San Diego Padres poses during Picture Day on February 21, 2014 at the Peoria Sports Complex in Peoria, Arizona. (Photo by Mike McGinnis/Getty Images)
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Oft-injured pitcher Josh Johnson is retiring from baseball, ESPN’s Jerry Crasnick is reporting.

Johnson, 32, hasn’t pitched in the majors since 2013. The right-hander underwent his third Tommy John surgery in September 2015 but wasn’t able to bounce back.

Johnson spent most of his career with the Marlins, but also pitched for the Blue Jays in the big leagues, as well as the Padres in the minors. He retires with a career 3.40 ERA, 915 strikeouts across 998 innings in the majors, and two All-Star nominations. Johnson led the National League with a 2.30 ERA in 2010, finishing fifth in NL Cy Young Award balloting. One wonders what he could have accomplished if he was able to stay healthy.

Report: Angels close to a multi-year deal with Luis Valbuena

HOUSTON, TX - JULY 08:  Luis Valbuena #18 of the Houston Astros hits a three run walkoff home run in the ninth inning to defeat the Oakland Athletics 10-9 at Minute Maid Park on July 8, 2016 in Houston, Texas.  (Photo by Bob Levey/Getty Images)
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The Angels are nearing a multi-year deal with free agent third baseman Luis Valbuena, Jeff Fletcher of the Orange County Register reports. It’s believed to be a two-year contract with a third-year option.

Valbuena, 31, hit .260/.357/.459 with 13 home runs and 40 RBI in 342 plate appearances in 2016. He missed most of the second half with a hamstring injury, for which he underwent surgery in late August.

Valbuena has played a majority of his career at third base, but also has extensive experience at second base and has racked up innings at first base and shortstop as well. He won’t play every day for the Angels, as Yunel Escobar lays claim to third base and C.J. Cron first base, but he will give them flexibility and a left-handed bat off the bench.